Tab 06. January 6, 2009 Staff Report for Siderius Annexation & PUDSIDERIUS FAhMY LIBUTED PARTNERSHIP
REQUEST FOR INITIAL ZONING OF B-2/ PUD AND RA-1 / PUD UPON ANNEXATION
STAFF REPORT #KA-08-03
KALISPELL PLANNING DEPARTMENT
- JANUARY 6, 2009
This is a report for the Kalispell City Planning Board and the Kalispell City Council
regarding the initial zoning of B-2 (General Business) and RA-1 (Low Density Residential
Apartment) with a Planned Unit Development (PUD) placeholder upon annexation to the
city for property located on the west side of Highway 93 between Cemetery Road and
Ashley Meadows Lane. A public hearing has been scheduled before the planning board
for January 13, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers. The
planning board will forward a recommendation to the Kalispell City Council for final
action.
This report evaluates the appropriate assignment of a city zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property
owner has petitioned for annexation and initial zoning classification of B-2/PUD and
RA-1 / PUD.
A. Petitioner and Owners: Siderius Family Limited Partnership, Josephine
R. Siderius Living Trust, Jo Lynn Yenne,
Patricia A. Sanders, Raymond E. Siderius, and
Linda L. Siderius
6010 Highway 35
Bigfork, MT 59911
B. Location and Legal Description of Property: The 207 acre project site is
located on the west side of Highway 93 with Cemetery Road on the north end of
the site and Ashley Meadows Road on the south end. The 207 acre project site
can be legally described as Tract 1 of Certificate of Survey 17744, the amended
subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of
the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of
Certificate of Survey 8369. The properties are located in Sections 29 and 32,
Township 28 North, Range 21 West.
C. Existing zoning: The properties are currently in Flathead County jurisdiction
with the majority of lots zoned I-111, Light Industrial - Highway. A smaller area
in the southwest corner of the 207 acre site is zoned SAG-10, Suburban
Agricultural. The SAG-10 zoning abuts several larger rural residential lots
developed with single-family residences to the south and west of the 207 acre
site.
The I-lH zoning district has a one -acre minimum lot size requirement. The I-
1H zoning district is intended for industrial areas which are located along state
and federal highways and contain greater levels of performance and mitigation
utilizing increased setbacks, landscape buffering, access control and signage
restriction for the purpose of protecting the County's major travel ways from
unnecessary encroachments, limiting access points to encourage improved
traffic flows and to preserve scenic corridors and entrance ways to major
communities.
The SAG-10 zoning district is intended to provide and preserve agricultural
functions and to provide a buffer between urban and unlimited agricultural
uses, encouraging separation of such uses in areas where potential conflict of
uses will be minimized, and to provide areas of estate -type residential
development.
D. Proposed Zoning: The B-2, General Business, zoning designation is proposed
on approximately 83.7 acres located on the eastern portion of the 207 acre
project site along Highway 93. The B-2 zoning district is intended to provide
areas for those retail sales and service functions and businesses whose
operations are typically characterized by outdoor display, storage and/or sale of
merchandise, by major repair of motor vehicles, and by outdoor commercial
amusement and recreational activities. This district would also serve the
general needs of the tourist and traveler. This district depends on the proximity
to major streets and arterials. This district should be located in business
corridors or in islands.
The RA-1, Low Density Residential Apartment, zoning designation is proposed
on the remaining 123.4 acres located on the western and southwestern portions
of the 207 acre project site. The RA-1 zoning district is a residential apartment
district to provide areas for multi -family use and compatible non-residential
uses of medium land use intensity. It should be served with all public utilities
and be in close proximity to municipal services and shopping districts.
The Planned Unit Development (PUD) placeholder is also proposed to be placed
over the entire 207 acre project site in conjunction with the B-2 and RA-1 zoning
districts. The intent of the PUD placeholder is to allow the developer to enter
into a development agreement with the city, binding the property to a future
PUD application. The PUD placeholder does not require the developer to
provide any application materials or development plans and the developer does
not receive any entitlements other than a commitment between the city and the
developer that if development is to proceed it will be done via the PUD process.
Prior to development of the individual properties, the developer would submit
for review and approval a full PUD application as required by the zoning
ordinance.
E. Size: The area proposed for annexation and zoning encompasses approximately
207 acres.
F. Existing Land Use: The majority of the 207 acres is unimproved land except for
two lots. Lot 4 of the amended subdivision plat of lots 3 and 5 of Ashley
Business Park and amended plat of the amended plat of lot 4 Ashley Business
Park Subdivision includes an existing barn along its eastern boundary and can
be seen and accessed from Highway 93. Lot 3 of the amended subdivision plat
of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat
of lot 4 Ashley Business Park Subdivision includes an existing billboard.
Figure l: This picture was taken from the highway right-of-way and shows the
existing barn and billboard on the project site.
If the properties included in the annexation request are annexed and are given
the initial zoning of B-2 the billboard sign on lot 3 will be subject to the sign
standards contained in. the Kalispell Zoning Ordinance.
Section 27.24.080(7) of the zoning ordinance states, in part, "The total number
of billboard faces in the city limits of Kalispell shall not exceed 18, except that
property occupied by billboard(s), which is annexed to the city, after March 19,
1992, shall be subject to the provisions of Section 27.24.150, and billboard(s)
located thereon may remain, but shall not, thereafter, be relocated." Section
27.24.050 of the zoning ordinance deals with nonconforming signs and signs
without permits.
G. Adjacent Land Uses and Zoning: Adjacent land uses are a mix of commercial
and light industrial along Highway 93 with undeveloped land approximately 1/4
mile west of the highway. These uses include a gas station, log home builders,
RV sales and service business and several large buildings housing various
commercial and light industrial businesses. An attached aerial photo of the area
titled Siderius Annexation Area shows existing development in relation to the land
requesting annexation and initial zoning.
North: Residential and commercial, County R-5 (Two -Family Residential)
and City B-2 (General Business)
West: Unimproved land.and rural residential development, County SAG-
10 (Suburban Agricultural) and County I-1H (Light Industrial -
Highway)
South: Rural residential, County SAG-5 (Suburban Agricultural)
East: Commercial/Industrial, County I-lH (Light Industrial -Highway)
H. General Land Use Character:
The general land use character of the Highway 93 South corridor is commercial
and light industrial uses concentrated along Highway 93. Moving west from the
highway oriented businesses are larger undeveloped tracts or rural residential
tracts of land.
I. Availability of Public Services and Extension of Services: Existing city
infrastructure in this area includes city water and sewer lines running the
length of Highway 93 from Cemetery Road south to the Old School Station
subdivision. These lines have been oversized to serve not only the Old School
Station subdivision but the anticipated future development that would occur on
the tracts of land included with the annexation request.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana
Code Annotated (M.C.A.). Findings of fact for the zone change request are discussed
relative to the itemized criteria described by 76-2-304, M.C.A.
1. Does the requested zone comply with the Kalispell Growth Policy?
The Kalispell City Council approved a growth policy amendment in December of
2008 for the Highway 93 South area. The growth policy amendment was
initiated by the Siderius Family for the 207 acre project site and was expanded to
include both east and west sides of Highway 93 down to Rocky Cliff Drive by the
planning board. The city council amended the growth policy map eliminating
the industrial and suburban residential designations on the 207 acre site and
designating the urban mixed use designation along the east half of the site and
urban residential designation on the west half of the site. The existing
commercial land use designation at the intersection of Highway 93 and
Cemetery Road remained in place.
The Kalispell Growth Policy Future Land Use Map provides examples of
appropriate land uses for each of the land use designations shown on the map.
For the .commercial land use designation retail, offices, services, mixed use and
residential uses are deemed appropriate. For the urban mixed use designation
offices, residential, commercial and light industrial uses are listed. The urban
residential designation includes single-family, duplex and low density multi-
family units with a typical dwelling unit density of 3 to 12 dwellings per gross
acre as appropriate.
Based on the growth policy land use. designations the applicants requested the B-
2 (General Business) and;RA-.1 (Low Density Residential Apartment) zoning
districts upon annexation.
The proposed B-2 (General- Business) zoning district permits a variety of office,
commercial and residential uses that are compatible with the commercial. and
urban mixed use designation. This is based on the B-2 zoning district's .intent to
provide areas for retail sales and service functions and businesses whose
operations. are typically characterized by outdoor display, storage and/or.sale of
merchandise. The B-2 zoning district depends on the proximity to major streets
and arterials. Designating the eastern half of the project site B-2 allows future
development to incorporate vehicle access directly onto Highway 93 into the
development plans.
The following goals of the Kalispell Growth Policy support the request to zone the
eastern portion of the project site to B-2 upon annexation:
Chapter 4, Goal 2
NEW COMMERCIAL DEVELOPMENT SHOULD OCCUR IN AREAS WHERE
PUBLIC WATER AND SEWER ARE AVAILABLE.
Chapter 4, Goal 6
PROVIDE ADEQUATE AREAS WITHIN THE COMMUNITY FOR COMMERCIAL
AND INDUSTRIAL EXPANSION AND DEVELOPMENT.
The proposed RA-1 (Low Density Residential Apartment) zoning district is
proposed on the west half of the 207 acre project site. This area of the project
site is designated urban residential on the growth policy future land use map.
The urban residential land use designation anticipates residential development
with a density of between 3 to 12 dwelling units per acre. Typical development
within the urban residential land use designation includes single-family, duplex
and low density multi -family housing.
The RA-1 zoning district is compatible with the urban residential land use
designation in that it permits single-family and duplex homes and conditionally
permits multi -family buildings. The density limits of the RA-1 zoning district
would also conform to the urban residential land use designations anticipated
densities of 3 to 12 dwelling units per gross acre.
In addition to zoning the 207 acres B-2 and RA-1 upon annexation the developer
is also requesting the Planned Unit Development (PUD) placeholder be included
in the zoning. All of the land requesting annexation is unimproved and there is
the potential for one or more of the tracts of land to be sold and developed
separately. This can become a problem if future street and utility connectivity
is lost due to poor design. The PUD placeholder will allow the developer to
enter into a development agreement with the city, binding the property to a
future PUD application. The PUD placeholder will be beneficial to both the
current or future developers and the city as it would take into account the
development of each individual or combination of tracts of land with
surrounding lots and uses. This broader view of the area will help to ensure
there will be a cohesive design of future streets, sidewalks, stormwater, building
location and design and parking on the properties.
Support for a cohesive design for lots zoned commercial and residential is
included in the following chapters of the growth policy:
Chapter 4, Goal 5
LARGE SCALE RETAIL SHOULD BE ENCOURAGED TO DEVELOP IN AN
ARCHITECTURALLY COMPATIBLE WAY AND WITH AN INTEGRATED SITE
DESIGN RATHER THAN AS AN ISOLATED DEVELOPMENT.
Highway 93 South Corridor Growth Policy Amendment, Goal 2
EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY
ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A
PLANNED UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS
VEHICULAR AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND OTHER
ISSUES RELATING TO PROTECTING AND PRESERVING THE COMMUNITY
ENTRANCE WAY TO KALISPELL.
Highway 93 South Corridor Growth Policy Amendment, Policy 19
Development in the commercial areas should be mixed use in nature creating
an overall integrated neighborhood as opposed to linear strip commercial
development fronting the gateway entrances.
The PUD placeholder does not require the developer to provide any application
materials or development plans at this time. The developer does not receive any
entitlements other than a commitment between the city and the developer that
if development is to proceed it will be done via the PUD process. Prior to
development of the individual properties, the developer would submit for review
and approval a full PUD application as required by the zoning ordinance.
In conclusion, the proposed B-2/PUD and RA-1/PUD zoning districts are
consistent with the commercial, urban mixed use and urban residential land use
designation shown on the Kalispell Growth Policy Future Land Use Map. The
requested zoning districts are also consistent with the above stated goals and
policies of the Kalispell Growth Policy.
2. Is the requested zone designed to lessen congestion in the streets?
The uses allowed under the proposed B-2 and RA-1 zones may generate more
traffic than those allowed under the existing 1-1H county zoning. This is
because the proposed B-2 and RA-1 zoning include residential development in
addition to small and large scale commercial retail. All of the tracts included in
the annexation request are adjacent or within 1/2 mile of Highway 93.
Highway 93 has had significant upgrades with respect to road widening and
resurfacing of the road in the last three years. These upgrades have allowed the
highway to handle more traffic at higher speeds. By placing the PUD
placeholder over the property the city council will have the authority to review
and require alternative transportation routes in the area to maintain the
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functionality of Highway 93 and in turn lessen traffic congestion for the
highway and immediate streets.
Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available or would be constructed in
conjunction with future development of the .site in the case of an emergency. Any
new construction willbe required to be in compliance with the building safety
codes of the city which relate to fire and building safety. All municipal services
including police and. fire protection, water and sewer service would be available to
the property. For water and sewer service this may require main line extensions
by the developer for future projects.
The Kalispell Municipal Airport is north of the project site and is currently going
through plans to expand. This expansion includes the realignment of the runway
to the west and south creating take off and landings of planes over the northeast
portion of the project site. Although associated noise from plane traffic may not
impact commercial business the likelihood of noise impacts to future residential
development in this area is high and may be deemed a safety hazard. Antennas
and commercial or public towers may also pose a danger to the future air traffic.
Therefore, height limitations and the location of antennas or towers will need to
consider air traffic patterns in the area.
By placing a PUD placeholder over the 207 acre project site the city and the
developer have the tools to adequately address the impacts the airport may have
on a future development for the site. At a minimum this will include meeting the
following goal and policies of the Highway 93 South Corridor Growth Policy
Amendment:
Goal 8
DEVELOPMENT SHOULD INCORPORATE DESIGN FEATURES AND LAND
USES APPROPRIATE TO ADJACENT AIRPORT TRAFFIC.
Policy 15
Because of the presence of the municipal airport, residential uses are not
deemed to be appropriate within 1/4 mile of the easterly 1/2 mile of Cemetery Road
(the south end of the proposed runway).
Policy 16
Height. of personal, commercial or public communication towers or antennas
should be restricted to reduce conflicts with the existing and proposed Kalispell
Airport expansion.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those which would be consistent with the city's growth
policy map and provide a place for new residential, commercial business or light
industrial uses to locate within city limits.
5. Will the requested zone provide for adequate light and air?
Setback,. height, and coverage standards for development occurring,on the,
properties are established in the Kalispell Zoning Ordinance to ensure adequate
light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
The potential development associated with the property would be limited by
both the development standards associated with the B-2 and RA-1 zoning
districts that relate to lot coverage and the types of uses permitted under the
zoning. The PUD placeholder will ensure that the uses and layout of properties
included in the annexation will not cause an overcrowding of land. Commercial
and residential development in this area is appropriate because of its location
.and the availability of urban services. The PUD placeholder will also allow site
specific review of development compatibility next to the city airport, city bio
treatment site, future highway bypass, Highway 93 and Ashley Creek.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards will avoid the undue concentration of
people if the properties are further developed In addition, the PUD process will
help mitigate any impacts associated with the city airport, city bio treatment
site, future highway bypass, Highway 93 and Ashley Creek.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities will be provided to the properties prior to
construction and development is encouraged in the Kalispell Growth Policy 2020
where these services are available. The future Highway 93 Bypass would bisect
the project site from east to west, starting from the existing Highway 93 and
heading west across Ashley Creek. The proposed zoning would not affect the
location or design of the bypass. However, any future projects proposed on the
project site will be required to reflect the future Highway 93 Bypass. The
proposed PUD zoning and potential future subdivision of the property will require
designing the project around the bypass project accordingly.
The properties have legal access onto either Cemetery Road or Highway 93.
Within the Highway 93 right-of-way are city water and sewer main lines. If
annexed, these lines would be available for future developers to extend to their
individual project. There are no sidewalks or bike paths along the portion of
Highway 93 where several of the properties are located. This will make
pedestrian or bicycle travel difficult and require future development on lots
adjacent to Highway 93 to install bike or pedestrian paths. Utility connections
and transportation corridors would be addressed when development is proposed
on the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
All of the properties. are fairly level with the 207 acre project site's western portion
within a 100-year floodplain. The RA-1 zoning is proposed along the Ashley
Creek corridor. Although this zoning district permits residential development
and conditionally permits multi -family housing the PUD overlay and future
subdivision of the :site will require setbacks to the creek so that future
development is out of the.floodplain portion of the property.
The proposed B-2 zoning district would permit uses consistent with the
surrounding land uses already established along the Highway 93 corridor. The
proposed RA-1 zoning would provide for residential development next to or across
Ashley Creek from existing rural residential development. The proposed zoning
districts can therefore be found to give due consideration of the suitability.of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The properties included in the annexation and initial zoning request are located
on the west side of Highway 93 south of Cemetery Road. This area's character is
a combination of commercial and industrial development along Highway 93 with
undeveloped lands both along the highway and west of the existing development.
There are several larger residential tracts of land west of the project site along
Cemetery Road and south of the project site along Ashley Meadows Road.
In the early 1990's the city and county adopted the Highway 93 South
Neighborhood Plan as an amendment to the Kalispell City -County Master Plan.
The Highway 93 South Neighborhood Plan was completed in large part to
provide a basis for zoning this area just outside of city limits. At that time it
was determined that industrial land uses would be the most appropriate for
this area instead of maintaining the predominately agricultural uses that had
been in place. The county subsequently zoned the area in and around the
properties requesting annexation to an industrial zoning district. This district
is still in place today and has led to the mix of commercial and industrial uses
which make up this area of the county.
The character of this area, once primarily large single family lots and agricultural
operations, continues to change. This can be attributed to the county industrial
zoning initiated over a decade ago and more recently the installation of public
water and sewer lines in this area. The B-2 and RA-1 zoning designations with a
PUD placeholder over the entire 207 acre project site would be appropriate for the
site given the existing land uses along the highway and proximity to existing and
proposed highways to accommodate increases in traffic for the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B-2 and RA-1
zoning will promote compatible and like uses on the project site which can be
found on other properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Commercial and residential development should be encouraged in areas where
services and facilities are available to support these types of uses permitted or
conditionally permitted under the B-2 and RA-1 zoning districts. The proposed
zoning and potential subsequent uses would be consistent with the surrounding
land uses in the area. When development occurs, construction standards
outlined and required in the city's building codes and subsequent PUD review
will help to enhance one of Kalispell's most used gateway entrance corridors.
RECOAUMNDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-08-03 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for the properties upon annexation be B-2/PUD (General
Business/Planned Unit Development) and RA-1/PUD (Low Density Residential
Apartment/Planned Unit Development).
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